Posts Tagged ‘Brandon Creighton’

Death Star Update: Preemption Bill Closer To Passage

Tuesday, May 16th, 2023

Remember the “Death Star” preemption bill designed to prevent left wing local governments from doing amazingly stupid things? Now it’s one step closer to Governor Abbott’s desk.

A landmark local government preemption bill cleared its second hurdle Tuesday as House Bill (HB) 2127 was passed by the Texas Senate, with a few amendments.

Dubbed the “Texas Regulatory Consistency Act,” the bill prohibits municipalities from approving regulations that exceed state law in nine different sections of code: Agriculture, Business & Commerce, Finance, Insurance, Labor, Local Government, Natural Resources, Occupations, and Property.

The bill states that any regulation specifically enumerated in state code is regulatable by municipalities, and anything else is not, a strategy called “field preemption.” Up until this session, the state had opted for “conflict preemption,” a strategy of addressing specific policies adopted by localities after the fact.

It’s the difference between blasting with a shotgun and firing with a rifle.

HB 2127 allows individuals or associations in the county of potentially offending regulation to sue the locality for abridging this prohibition.

The bill, authored by Rep. Dustin Burrows (R-Lubbock) and sponsored by Sen. Brandon Creighton (R-Conroe), was passed by the House about a month ago, where it received eight votes from Democrats in the lower chamber. From there, it moved to the Senate Business & Commerce Committee, where it passed six to two.

On Monday, the Senate passed its version with three amendments; Sen. Robert Nichols (R-Jacksonville) was the only GOP “nay” on the bill. The vote was the same on Tuesday’s final passage.

Those amendments include a “loser pays” provision, placing the burden of payment for a frivolous lawsuit with the person or group who brought the suit; a limitation that a suit may only be brought against the offending political subdivision, not individual elected officials of that locality who were liable to be sued under the House version; and the tacking on of a prohibition against local governments halting evictions.

Plaintiffs must provide three months’ notice to the locality of an impending suit, intended as a grace period within which the potential violation can be revoked.

That eviction language comes from Senate Bill (SB) 986, which appears to have stalled out in the lower chamber. That bill is aimed at what big cities in Texas tried to do — but were stopped by courts — in ordering eviction moratoriums during the COVID-19 pandemic.

Creighton said in a statement after the bill’s passage, “The Texas Regulatory Consistency Act, the most pro-business, pro-growth bill of the 88th session has passed the Senate.”

“HB 2127 gives Texas job creators the certainty they need to invest and expand by providing statewide consistency and ending the days of activist local officials creating a patchwork of regulation outside their jurisdiction. Local governments acting as lawmakers in a patchwork of varying anti-business ordinances result in job killing outcomes.”

Gov. Greg Abbott has backed the bill, shedding little doubt over whether he will sign it into law once it reaches his desk.

Snip.

With the bill passed in the upper chamber, it now moves back to the House, where the members must either accept the Senate version with its amendments or reject them and trigger a conference committee.

From there, it moves into the friendly embrace of Abbott, who’s been chomping at the bit to sign it into law.

The sooner this is signed into law, the sooner the madness consuming the local governments in Travis and Harris County can be reigned in.

Texas Senate Committee Passes Ban On Teaching Critical Race Theory

Thursday, May 20th, 2021

In a followup to last week’s story about the Texas House passing a similar bill, a Texas Senate committee also passed a ban on teaching Critical Race Theory. And they even made it better:

When state Rep. Steve Toth (R-The Woodlands) introduced his bill to stem the teaching of critical race theory in Texas classrooms, he accepted almost two dozen amendments by Democrats that heaped a host of figures and documents onto the bill’s list of required reading to understand the nation’s founding.

After the bill passed the state House and then jumped to the Senate, the State Affairs Committee stripped these amendments away.

On Monday, Sen. Bryan Hughes (R-Mineola) introduced a committee substitute — a changed version of a bill — nearly identical to Toth’s original version, House Bill (HB) 3979. In fact, the text of the committee substitute is a carbon copy of Toth’s Senate companion bill, carried by Sen. Brandon Creighton (R-Conroe), which the Senate already passed.

This may seem like a lot of hugger mugger, but passing an amended version of the House’s bill makes it easier for the legislation to pass without a conference committee if the House accepts the senate changes.

While committee substitutes are a common stage in the life of bills, this bill’s committee substitute is notable for confirming a suspicion of some Democrats in the House, who asked Toth if the Senate would slough away their amendments. Toth said he bore no responsibility for the Senate’s actions. Ultimately, his acceptance of the amendments gained no Democratic support in the final House vote on the bill.

Snip.

As some critics noted in the State Affairs Committee hearing, the bill does not mention critical race theory explicitly. Rather, one part of the bill forbids teachers from pushing certain tenets of critical theory as it has been distilled and popularized. Examples include the notion that meritocracy is racist or prejudiced, or that certain racial groups bear collective guilt or responsibility.

Here are the eight concepts that teachers, administrators, and other school employees would not be able to require or make part of a course:

  • one race or sex is inherently superior to another race or sex;
  • an individual, by virtue of the individual’s race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously;
  • an individual should be discriminated against or receive adverse treatment solely or partly because of the individual’s race or sex;
  • members of one race or sex cannot and should not attempt to treat others without respect to race or sex;
  • an individual’s moral character is necessarily determined by the individual’s race or sex;
  • an individual, by virtue of the individual’s race or sex, bears responsibility for actions committed in the past by other members of the same race or sex;
  • an individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of the individual’s race or sex; or
  • meritocracy or traits such as a hard work ethic are racist or sexist or were created by members of a particular race to oppress members of another race.
  • Parents of all races, creeds and colors have come together to reject the radical racism of critical race theory, and now Texas is rejecting at the state level.

    Texas Election News Update for August 14, 2014

    Thursday, August 14th, 2014

    With all Obama’s manifest incompetence at the national and international level, it’s easy to neglect Texas election news, so here’s a small update to tide you over.

  • Even liberal MSM fossil Paul Burka says that the governor’s race is over and Wendy Davis has already lost. (Shhhhh! Don’t tell her national liberal donors! Let them keep tossing dollars down the hole…
  • Abbott wants to reform Texas occupational licensing schemes, noting that an EMT only requires 33 days of training, but cosmetologists and barbers require 350 days of training.
  • Lt. Governor candidates Dan Patrick and Leticia Van de Putte will be having debate in September.
  • Brandon Creighton wins special election for state senate.
  • In the Texas House District 136 race (my district), Democratic challenger John Bucy claims to have raised more money than Republican incumbent Tony Dale. But that’s only true by counting Bucy’ spersonal political expenditures as contributions, contrary to state law, counting his volunteer campaign manager’s non-existent $22,018.70 “salary” as a contribution, and counting a bunch of other in-kind contributions.
  • Brandon Creighton: Out of Agricultural Commissioner Race, in Senate District 4 Race

    Thursday, October 17th, 2013

    Following the unexpected retirement of State Senator Tommy Williams, Brandon Creighton announced he’s dropping out of the Ag Commissioner race to run for state Senate District 4.

    Republicans still in the Agricultural Commissioner’s race include:

  • J. Allen Carnes (Note: Auto-running popover videos are not calculated to win over voters.)
  • Tommy Merritt (Just a splash screen; less annoying, but also less informative.)
  • Eric Opiela (Just an ordinary campaign website, though it fails to mention Opiela’s close ties to Joe Straus.)
  • And Kinky Friedman just announced he’s running again as a Democrat.

    Statewide Race Roundup for August 9, 2013

    Friday, August 9th, 2013

    Time for another quick roundup of statewide race news:

  • Even left-wing PolitiFact admits that Democrats are lying about Greg Abbott improperly moving funds.
  • They’re a lot tougher on Lt. Governor candidate Sen. Dan Patrick’s claims that funding for border security was cut in the latest budget.
  • The Texas Tribune looks at Abbott’s consultant spending.
  • Abbott, running for a statewide office, refuses to opine on national legislative tactics to defund ObamaCare. Stop the freaking presses!
  • The Washington Post offers up five facts about Abbott. For a change, they’re even accurate.
  • Abbot takes south Texas votes seriously.
  • Lt. Governor David Dewhurst shakes up his re-election team with new hires, including Ryan Hecker of FreedomWorks and Eliza Vielma (AKA Twitter’s @misslizaface) will be handling social media. Given how poorly Dewhurst performed in social media in the Senate race, that’s probably a good move.
  • Lt. Governor candidate and Agricultural Commissioner Todd Staples takes a swing at Dewhurst’s leadership in a fundraising letter.
  • But Staples, like all three of Dewhurst’s challengers in the Lt. Governor’s race, endorsed Dewhurst over Ted Cruz in last year’s Senate runoff.
  • Patrick has a new ad out. He looks sleepy. He may need to consider ptosis surgery.

  • Attorney General candidate Dan Branch defends defense of marriage. Unlike Tom Leppert, Branch doesn’t seem to have played footsie with Dallas’ gay rights community, and indeed was an (unsuccessful) target for them to defeat in 2008.
  • Speaking of Branch, Facebook briefly yanked, then restored, one of his campaign videos. This one I think:

    Which strikes me as well-produced, but pretty generic. Can’t see why any reasonable person would find it even remotely objectionable.

  • Sources tell me that Rep. Brandon Creighton gets into the Agricultural Commissioner’s race today.
  • And speaking of the Agricultural Commissioner’s race, Eric Opiela is evidently not only Joe Straus’ lawyer, but also managed (through some ill-advised emails) to hurt Republican redistricting efforts by making them easier to challenge in 2012.
  • On the Democratic side, Abortion Barbie inches closer to declaring her intention to lose to Abbott.
  • Perry’s Decision and the State of Play for Texas Statewide Races in 2014

    Tuesday, July 9th, 2013

    With Rick Perry declining to run for reelection as Governor, we finally have the crystallizing event that will set the 2014 field. So here’s an early look at how the next year’s statewide races are shaping up in Texas:

    Governor

    Attorney General Greg Abbott and his $18 million warchest is going to be the overwhelming favorite almost no matter who else jumps into the race; he has all Perry’s strength’s without Perry’s disadvantages. If David Dewhurst jumps into the Governor’s race, Abbott will still be the prohibitive favorite. Tom Pauken will be hard-pressed to match Glenn Addison’s 2012 senate race total of 1.6%. On the Democrats’ side, instant abortion celebrity Wendy Davis might be the favorite, but there’s no reason to expect Abbott won’t cream her by 20 points, and as a politician since 1999, there’s no indication she can self-fund. Neither of the Castro brothers strike me as stupid enough to want to tarnish their national office chances by losing a governor’s race. Beyond that it’s random state senators and reps (reportedly Rep. Mike Villarreal and Sen. Kirk Watson are considering runs), or retreads from the 2012 senate race.

    Lt. Governor

    His humiliating senate race defeat proved that David Dewhurst is vulnerable to a challenge from the right, but I remain unconvinced that any of the three currently declared candidates (Land Commissioner Jerry Patterson, Agricultural Commissioner Todd Staples, and State Senator Dan Patrick) are the ones to do it. Dewhurst and Perry both moved up from the Land and Agricultural Commissioner positions (respectively), but neither ran against an incumbent, much less a well-heeled, entrenched one. Patrick tested the waters for the 2012 senate race, but found the groundswell for him non-existent. Moreover, Patrick’s candidacy appeals most to social conservatives, but after the abortion dustup, they would seem among the least likely to desert Dewhurst. Presumably U.S. Rep. Mike McCaul (the only man currently in Texas politics richer than Dewhurst) could defeat Dewhurst were he to get in, but so far he hasn’t made any moves to get into the race. In this, and all lower statewide races, whoever runs for the Democrats is whatever random candidates decided to skip the governor’s race.

    Attorney General

    With Abbott running for governor, this race is wide open. With Railroad Commissioner Barry Smitherman’s website already touting him as a potential candidate, his entry is pretty much a foregone conclusion. State Rep. Dan Branch is also said to be considering a run. Someone on Abbott’s staff could also get in, or a state legislator with a law degree who has been blessed by Texans for Lawsuit Reform. (Maybe Ken Paxton?)

    Comptroller

    Incumbent Susan Combs has said she’s not running for reelection. Early word was she was eying the Lt. Governor’s race, but I don’t see her getting any traction there. Losing 2010 Tea Party/Ron Paulite gubernatorial candidate Debra Medina is rumored to be considering a run (and the previous link goes to a webpage for an exploratory committee for that race). State Senator Glenn Hegar is also said to be considering a run, as is state Ways and Means chairman Harvey Hilderbran. (State Senator Tommy Williams has preemptively bowed out.)

    Land Commissioner

    With incumbent Jerry Patterson gunning for Dewhurst’s job, George P. Bush, son of former Florida Governor Jeb Bush, nephew of Bush43, and grandson of Bush 41, is considered a lock for the race. Though nothing about George P. Bush’s limited public appearances suggests he’s invulnerable, it’s doubtful he’ll draw a serious challenger this far down the ballot who’s willing to take on the Bush Machine’s renowned fundraising prowess.

    Agricultural Commissioner

    State Rep. Brandon Creighton is rumored to be interested in a run. Rep. Tim Kleinschmidt is passing on the race

    Railroad Commission

    When Smitherman runs for AG, his position will open up. State Rep. Stefani Carter will be running, along with “Dallas businessman Malachi Boyuls and geologist Becky Berger of Schulenburg.” Greg Parker, who made it into the runoff with Smitherman in 2012, is another possibility.

    And don’t forget all those wildcard Texas millionaires and billionaires who might suddenly decide to run for office…